A fight involving several men had occurred there, and 30-year-old Constantine Toe was shot in the hand during the brawl when he tried to take a handgun away from his 34-year-old brother, Alfred Toe.

The officer arrived on scene moments later and drew his gun. He ordered Constantine Toe to the ground and took the handgun from him. But prosecutors say Alfred Toe soon tried to grab one of the weapons the officer was holding.

Alfred Toe was shot once in the chest during the ensuing scuffle. He died at a hospital.